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New Zealand Law/System/Transport Ministry v Payn

< New Zealand Law | System
This is a Wikiversity Law Report.

Transport Ministry v Payn (1977) CA

  • Drunk P had an accident with a parked car, walked to his nearby home and started drinking
  • Police showed up and asked for a breath test, but he told them to leave
  • Police got instructions and came back, asked again and proceeded to arrest him
  • Second visit was a trespass, since they were specifically told not to come
  • Did the Transport Act permit trespass for it’s enforcement?

Held:

  1. Act was silent on this matter
  2. The right of quiet enjoyment of property is important
  3. Second visit was illegal
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